Legal help when WorkCover disputes what caused your injury
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Legal help when WorkCover disputes what caused your injury
In summary: WorkCover accepting only part of your claim is not the end of it. A partial work connection can still support a claim; the question is whether work was a significant contributor under the law that applies. Decisions like this can be reviewed, and Maurice Blackburn runs those disputes.
What does it mean if WorkCover says work only partly caused your injury?
WorkCover accepts part of what happened to you and draws a line around the rest. That line is exactly where these disputes start. Workers' compensation schemes run separately in each state and territory, WorkCover Queensland and WorkSafe Victoria among them, so the answer depends on where your injury happened and what WorkCover says caused it.
This type of dispute usually involves causation. Causation means the link between your work and your injury. WorkCover may accept that work played a role, but say something else also contributed, such as an earlier injury, an existing condition, ageing, sport, or something that happened outside work.
Which workers' compensation lawyers handle cause disputes?
We handle workers' compensation causation disputes where WorkCover says work only caused part of your injury, or only aggravated an existing condition. We handle workers' compensation claims across Australia, except in New South Wales and South Australia.
Evidence matters in this kind of dispute. Useful information includes:
- medical reports
- your job duties
- when symptoms started
- how you reported the injury
- whether work made an existing condition worse
Disputes about causation turn on the medical evidence. We can gather it and put it to WorkCover, while you keep your appointments and your recovery on track. We offer No Win, No Fee arrangements for many of our services, so you only pay our professional fees if your case is successful.
Can you still claim if work is only part of the cause?
Often, yes. A partial work connection doesn't mean your claim has ended. The question is often whether work was a significant or relevant contributor under the law that applies to your claim. Getting advice can help you know what evidence matters and what the next steps could look like.
We're here to help
A disputed cause doesn't have to be the end of your claim, and you don't have to work out the scheme rules on your own. We can look at what WorkCover has said and explain your options clearly. See where you stand with the free online claim check, or call 1800 111 222 with the decision letter in front of you.